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expsd2

Being sued by CA

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If I answer these Admissions or don't answer they are considered true. How do I respond so as not to build the attorneys case for him. I want them to prove these things. I want them to produce a copy of the original agreement. Is that possible and how?

1.Defendant received and used a credit card under account number 132456876534232.

2.The Defendant received from D M Bank a statement of account and /or invoice for the amount stated and did not object.

3.The computations by which the balance claimed by Plaintiff were computed and accurate.

4.The balance as stated in the complaint is due and owing by Defendant to Plaintiff.

5.Defendant never notified the credit card company nor the plaintiff of any claims or defenses.

6.Written demand has been made by Plaintiff upon Defendant for payment of the claim herein sued upon more than thirty days prior to date hereof.

7.Except as may be shown in Plaintiff’s Complaint or attachments hereto, Defendant is not entitled to any credits, offsets or deductions.

8.There are no facts upon which Defendant relies as a basis for any defense in the action.

9.There are no documents, writings, letters, records or papers of any sort upon which Defendant intends to utilize as evidence of or a basis for any defense in the action.

10.Interest on the claim asserted herein by Plaintiff is due in the amounts established by applicable law and by the charges shown in the attachments to plaintiff’s Complaint.

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This is BS. Did you file an answer with defenses, or just a general denial?

I would move for a protective order preclusing the plaintiff to use a Demand for Admissions until legitimate discovery had taken place.

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I'll second that!

To me, if these are the exact words used, this is just someone's way to get you to admit to even one single item to prove their case. Don't fall for it. Do as "Recovering" says to do now, if not sooner.

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Semantics...

1.Defendant received and used a credit card under account number 132456876534232.

Defendant has no knowledge with regard to this allegation and neither confirms nor denies same.

2.The Defendant received from D M Bank a statement of account and /or invoice for the amount stated and did not object.
Defendant neither admits nor denies this allegation.
3.The computations by which the balance claimed by Plaintiff were computed and accurate.
Defendant has no knowledge with regard to this allegation and neither confirms nor denies same.
4.The balance as stated in the complaint is due and owing by Defendant to Plaintiff.
Defendant has no knowledge with regard to this allegation and neither confirms nor denies same.

etc. Since you cannot answer these properly until discovery has commenced, you neither confirm nor deny. If you don't have the info, you claim that you have no knowledge with regard to that allegation.

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Fl Civil Rule 1.370 requires that I file an answer within 30 days:

"The matter is admitted unless the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter within 30 days after service of the request or such shorter or longer time as the court may allow but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the process and initial pleading upon the defendant."

Today is the 30th day... do I have 30 or 45? I received the request on the 18th of August, but it was dated under certificate of service August 16th, which date is the service of request?

This whole process sucks. They have nothing but a copy of a two year old charge off with no letterhead and I'm having to waste all this time on no evidence. How do I file a demand for discovery? How do I file the motion you recommended?

Thanks so much for you help.

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Do I have to respond to this? I don't have to build their case for them, right? Don't they have a burden of proof here?

"Request for Production:

1. Any and all invoices and statements relating to the account the Defendant had with Direct Merchants Bank and account number 123456780796.

2. And any and all documents or records that support or relate to any defenses set forth in Defendant’s Pleadings, including all cancelled checks.

3. Any and all documents or records that Defendant will use and/or offer into evidence at the trial of this matter.

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You are expected to "share notes" as it would be, essentially so you can't sue someone, have a mountain of evidence, not share it, and bushwhack them in court without the time or ability to prepare a defense.

Check the rules of civil procedure, but it should be from the date of reciept.

For you type "discovery request" and bang out the questions, production requests, and admissions you want. Date it, send it CMRRR, and follow your state's rules of civil procedure.

It is only hard the first time.

Ask the court if they have a pro-se guide or something. There are sample motions and formats as well.

Worst case, bang out "motion for protectctive order" cite that legitimate discovery has not taken place and file it with the court. Do NOT just ignore it or miss deadlines.

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